Toilet repair vs Homebuilder

The_IT_Technician

Morning All,

I bought a brand new apartment, from a leading home builder and presumably the items that it came fitted with are covered for warranty or repair by the manufacturer, the home builder or the NHBC code of practice, for a period of time. The apartment was bough in the last 18 months.

Recently i reported a faulty toilet, an engineer came round to inspect and recommended a new unit to be installed. After speaking to the home builder, i was advised it has a has a hairline crack to it, and thus is leaking. The homebuilder who said they cant do anything as it should have been reported soon after legal completion. From my opinion, but i am no plumber or toilet expert, if a toilet has a hairline crack this could either be down to a manufacturing defect and just got worse, then it in theory should be covered by NHBC / home builders guarantee for the first 5 years or consumer law as a toilet shouldnt really have a crack in it after the first year or so of use, as one would expect reasonable use from it.

Am i right in thinking this, and expect the home builder to replace it. or will i need to take it as experience and purchase a new unit, instead ?

Doozergirl

NHBC is for serious structural defects, not leaky toilets.

What is your snagging period for defects with the developer? It is often two years. I certainly wouldn't be happy being told I should have reported it sooner, but you need to check what your actual agreement is with them.

davidmcn

The_IT_Technician wrote: »

presumably the items that it came fitted with are covered for warranty or repair by the manufacturer, the home builder or the NHBC code of practice, for a period of time.

I think you are presuming too much - you got (presumably) the NHBC guarantee (which would include an initial warranty period from the builder) - you're unlikely to have had the benefit of any other warranties, (though you may wish to check your paperwork if unsure). You don't get the Sale of Goods Act-type implied warranty that you would if you had bought the fittings at a shop.

I think it ought still to be the builders' responsibility, so try pursuing them. Though also consider how much a new toilet actually costs and whether it might be preferable just to sort out a replacement at your own, er, convenience, rather than put up with the builders' choice of supplier and installation time.

Rain_Shadow

Could it be accidental damage by you?


Does your house insurance cover that?

Thrugelmir

The_IT_Technician wrote: »

as a toilet shouldnt really have a crack in it after the first year or so of use, as one would expect reasonable use from it.

How did the toilet crack is the question that may need to be answered? Surprised no one noticed it previously.

getmore4less

There was clearly a batch of dodgy cisterns when out places were built, we had 2 go(one upstairs causing a flood, we were away for a few days and the other we caught) as did others on the estate.

Cracks from where the handles were.

Insurance covered the damaged but not the new unit.

Put the word out for people to check.

Stop using it if it is the cistern, it is not just a tank full if they go.

The_IT_Technician

Many thanks for your comments, at the moment i have the developers word on the issue, as to the crack i am presuming its a manufacturing fault that has developed over time, as its at the back of the toilet.

I have asked for a copy of the report from the plumbers, it will be available sometime next week and will post a link to the report once it has been made available, and see what you guys think if its worth proceeding with the builder or not.

In the meantime, will have a look around in the sales for a new unit, as a backup plan.

G_M

As others have said, the important quesion is where/when did the crack originate.

If it is a manufacturing fault, or an installation fault, then clearly the Developer should repair/replace.

If it was caused sometime in the last 18 months by yourself/another user, then the problem is yours.

The difficulty after 18 months would be proving this one way or another.

You might well need an independant opinion - your own qualified plumber, rather than rely on the Developer's 'engineer'.

Where is the crack? Toilet bowl or cystern? Front or back? Could it have been knocked by something heavy eg while moving furniture around?

ethank

Was it a reputable housebuilder with a warranty. Any issues should be fixed under the warranty?

getmore4less

if it is the cistern and emanating from the back where it is bolted to the wall, could have been over tightened on installation.

Lunchbox

Nothing to do with NHBC. You will have had a defects liability period in your contract - usually 12 or 24 months. If 12 months, and they have said they won't rectify it, your only recourse is to pursue them for damages legally, and the onus will be on you to prove this was an inherent defect caused by the installation/faulty goods.

If your defects liability period is 24 months, you should still be covered and they should fix it.